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Search Result: U.S. Supreme Court Cases

Displaying 21  -  40  of  140

SCOTUS Allows DNA Swabs During Arrests

June 3, 2013
The 5-4 ruling came in Maryland v. King, where a convicted rapist had argued his Fourth Amendment privacy rights were violated when police used DNA to connect him to an earlier crime.

Dogs, Drugs, and the Fourth Amendment

May 3, 2013

Two cases from Florida have brought the U.S. Supreme Court to two different conclusions regarding K-9 searches in 2013. One is an affirmation of existing practice, but the other breaks new ground and imposes new limits.

Search Warrant Detentions

April 30, 2013

When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.

Supreme Court Requires Warrant for DUI Blood Tests

April 17, 2013
The United States Supreme Court required officers to obtain a warrant before drawing blood from a suspected drunk driver in a decision announced Wednesday.

Supreme Court: K-9 Search Violated Home Privacy

March 26, 2013
The U.S. Supreme Court ruled in favor of a marijuana grower's privacy rights Tuesday, when a majority of justices decided a Florida K-9's alert outside a home resulted in an unconstitutional arrest.

The Miranda Arrest: 50 Years Later

March 13, 2013
In March of 1963, Phoenix Police Officer Carroll Cooley arrested Ernesto Miranda. Fifty years later, Miranda warnings are as much a part of policing today as a set of handcuffs.

Supreme Court To Hear Case of Gamblers Who Sued DEA Agent

March 5, 2013
The U.S. Supreme Court agreed Monday to identify the appropriate venue for professional gamblers to sue a federal agent who seized their money at an airport.

Unlawful Reaction to Unlawful Action

March 5, 2013

Let's face it—law enforcement officers sometimes make detentions, arrests, entries, or searches that run afoul of one or more of the hundreds of judicial decisions differentiating "reasonable" and "unreasonable" searches and seizures.

U.S. Supreme Court Considers Death for Sheriff's Killer

February 25, 2013
The U.S. Supreme Court will consider whether a Kansas man's Fifth Amendment self-incrimination rights were violated when medical testimony was used to convict him of killing a sheriff.

Supreme Court Limits Detention Powers In Searches

February 19, 2013
Suffolk County (N.Y.) Police detectives who detained two suspects, while officers searched a dwelling exceeded the scope of their search warrant, the U.S. Supreme Court ruled Tuesday.

Supreme Court Validates K-9 Search

February 19, 2013
A Florida police dog's alert at a traffic stop that led to a van driver's conviction on drug charges established probable cause for the search, the U.S. Supreme Court ruled Tuesday.

Consent Searches

February 5, 2013

Warrantless searches are presumed to be unreasonable, but the U.S. Supreme Court has acknowledged that a warrantless search may still be reasonable under the Fourth Amendment if it falls within the guidelines of one or more of a limited number of exceptions.

Warrantless DUI Tests Head To Supreme Court

January 10, 2013
Supreme Court justices showed unease Wednesday about letting police without a search warrant draw a blood sample from an unwilling drunken-driving suspect, but they also expressed sympathy for the urgency faced by officers in such traffic stops.

Suspect-Initiated Interrogation

January 9, 2013

Once a custodial suspect has been given Miranda warnings and has acknowledged his understanding, he might waive his rights and submit to questioning, or he might invoke—either by indicating that he doesn't want to talk, or by requesting counsel.

Court: Flipping Off Cops Is Constitutional

January 4, 2013
A civilian flipping off a police officer can't be cause for a vehicle stop or arrest, a federal appellate court has ruled. The U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

Obama's Election Victory and the Supreme Court

December 27, 2012
What is the likely consequence of the re-election of Barack Obama with respect to judicial appointments, as they bear on law enforcement and public safety issues? In our business, we're trained to look for the clues. There are plenty of those to examine.

Entry to Secure

December 10, 2012

As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.

DNA Case Heads To U.S. Supreme Court

November 12, 2012
A convicted rapist is challenging a Maryland law that allows police to take a DNA sample from violent suspects, arguing his Fourth Amendment privacy rights have been violated.

Expanded Definition of "Search"

November 5, 2012

When the government, in an attempt to get information, "trespasses" on any of the items specifically listed in the Fourth Amendment ("persons, houses, papers and effects"), this constitutes a "search," whether or not there is any infringement of a suspect's legitimate expectation of privacy.

U.S. Supreme Court Hears Fla. Drug Dog Case

October 31, 2012
A suspect's Fourth Amendment right to grow marijuana in the privacy of a home will be tested in a Florida case the U.S. Supreme Court began hearing Wednesday.
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